george brockler is the newly elected district attorney. he'll be sworn in january 8th. he says he won't decide on pursuing capital punishment until he talks to the victims and their families, but he did say this. >> in terms of the death penalty itself, throughout the campaign and my entire professional career i have been in favor as the death penalty as a discretionary tool for an elected district attorney. as a military prosecutor i worked on a case in hawaii where we attempted to get capital charges on a specific murder case. >> reporter: the preliminary hearing in this case is scheduled right now for january 7th. mart in a. martha: thank you vermart in a. martha: thank you very much. bill: jim demint the pep tea party senator from south carolina will leave his position in the senate and take a job at the heritage foundation. it's news crossing right now. bret baier's timing is perfect. he's live in d.c. right now. good morning to you. >> reporter: good morning. bill: demint is the guy who came out of the pau palmetto state. it was cut spending, make government small